THE BIOLOGICAL DIVERSITY ACT, 2002 
__________ 

ARRANGEMENT OF SECTIONS 
__________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 

REGULATION OF ACCESS TO BIOLOGICAL DIVERSITY 

3.  Certain  persons  not  to  undertake  Biodiversity  related  activities  without  approval  of  National 

Biodiversity Authority. 

4.  Results  of  research  not  to  be  transferred  to  certain  persons  without  approval  of  National 

Biodiversity Authority. 

5.  Sections 3 and 4 not to apply to certain collaborative research projects. 
6.  Application  for  intellectual  property  rights  not  to  be  made  without  approval  of  National 

Biodiversity Authority. 

7.  Prior  intimation  to  State  Biodiversity  Board  for  obtaining  biological  resource  for  certain 

purposes. 

CHAPTER III 

NATIONAL BIODIVERSITY AUTHORITY 

8.  Establishment of National Biodiversity Authority. 
9.  Conditions of service of Chairperson and members. 
10.  Chairperson to be Chief Executive of National Biodiversity Authority. 
11.  Removal of members. 
12.  Meetings of National Biodiversity Authority. 
13.  Committees of National Biodiversity Authority. 
14.  Officers and employees of National Biodiversity Authority. 
15.  Authentication of orders and decisions of National Biodiversity Authority. 
16.  Delegation of powers. 
17.  Expenses  of  National  Biodiversity  Authority  to  be  defrayed  out  of  the  Consolidated  Fund  of 

India. 

FUNCTIONS AND POWERS OF THE NATIONAL BIODIVERSITY AUTHORITY 

18.  Functions and powers of National Biodiversity Authority. 

CHAPTER IV 

CHAPTER V 

APPROVAL BY THE NATIONAL BIODIVERSITY AUTHORITY 

19.  Approval by National Biodiversity Authority for undertaking certain activities. 
20.  Transfer of biological resource or knowledge. 
21.  Determination of equitable benefit sharing by National Biodiversity Authority. 

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CHAPTER VI 

STATE BIODIVERSITY BOARD 

SECTIONS 

22.  Establishment of State Biodiversity Board. 
23.  Functions of State Biodiversity Board. 
24.  Power  of  State  Biodiversity  Board  to  restrict  certain  activities  violating  the  objectives  of 

conservation, etc. 

25.  Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board. 

FINANCE, ACCONTS AND AUDIT OF NATIONAL BIODIVERSITY AUTHORITY 

CHAPTER VII 

26.  Grants or loans by the Central Government. 
27.  Constitution of National Biodiversity Fund. 
28.  Annual report of National Biodiversity Authority. 
29.  Budget, accounts and audit. 
30.  Annual report to be laid before Parliament. 

CHAPTER VIII 

FINANCE, ACCOUNTS AND AUDIT OF STATE BIODIVERSITY BOARD 

31.  Grants of money by State Government to State Biodiversity Board. 
32.  Constitution of State Biodiversity Fund. 
33.  Annual report of State Biodiversity Board. 
34.  Audit of accounts of State Biodiversity Board. 
35.  Annual report of State Biodiversity Board to be laid before State Legislature. 

CHAPTER IX 

DUTIES OF THE CENTRAL AND THE STATE GOVERNMENTS 

36.  Central  Government  to  develop  National  strategies,  plans,  etc.,  for  conservation,  etc.,  of 

biological diversity. 

37.  Biodiversity heritage sites. 
38.  Power of Central Government to notify threatened species. 
39.  Power of Central Government to designate repositories. 
40.  Power of Central Government to exempt certain biological resources. 

CHAPTER X 

BIODIVERSITY MANAGEMENT COMMITTEES 

41.  Constitutions of Biodiversity Management Committees. 

CHAPTER XI 

LOCAL BIODIVERSITY FUND 

42.  Grants to Local Biodiversity Fund. 
43.  Constitution of Local Biodiversity Fund. 
44.  Application of Local Biodiversity Fund. 
45.  Annual report of Biodiversity Management Committees. 
46.  Audit of accounts of Biodiversity Management Committees. 

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SECTIONS 

47.  Annual  report,  etc.,  of  Biodiversity  Management  Committee  to  be  submitted  to  District 

Magistrate. 

CHAPTER XII 

MISCELLANEOUS 

48.  National Biodiversity Authority to be bound by the directions given by Central Government. 
49.  Power of State Government to give directions. 
50.  Settlement of disputes between State Biodiversity Boards. 
51.  Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed 

to be public servants. 

52.  Appeal. 
52A. Appeal to National Green Tribunal. 
53.  Execution of determination or order. 
54.  Protection of action taken in good faith. 
55.  Penalties. 
56.  Penalty  for  contravention  for  directions  or  orders  of  Central  Government,  State  Government, 

National Biodiversity Authority and State Biodiversity Boards. 

57.  Offences by companies. 
58.  Offences to be cognizable and non-bailable. 
59.  Act to have effect in addition to other Acts. 
60.  Power of Central Government to give directions to State Government. 
61.  Cognizance of offences. 
62.  Power of Central Government to make rules. 
63.  Power of State Government to make rules. 
64.  Power to make regulations. 
65.  Power to remove difficulties. 

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THE BIOLOGICAL DIVERSITY ACT, 2002 

ACT NO. 18 OF 2003 

[5th February, 2003.] 

An Act to provide for conservation of biological diversity, sustainable use of its components and 
fair  and  equitable  sharing  of  the  benefits  arising  out  of  the  use  of  biological  resources, 
knowledge and for matters connected therewith or incidental thereto. 

WHEREAS India is rich in biological diversity and associated traditional and contemporary knowledge 

system relating thereto. 

AND  WHEREAS India is a party to the United Nations Convention on Biological Diversity signed at 

Rio de Janeiro on the 5th day of June, 1992; 

AND WHEREAS the said Convention came into force on the 29th December, 1993; 

AND WHEREAS the said Convention reaffirms the sovereign rights of the States over their biological 

resources; 

AND  WHEREAS  the  said  Convention  has  the  main  objective  of  conservation  of  biological  diversity, 
sustainable use of its components and fair and equitable sharing of the benefits arising out of utilisation of 
genetic resources; 

AND  WHEREAS  it  is  considered  necessary  to  provide  for  conservation,  sustainable  utilisation  and 
equitable sharing of the benefits arising out of utilisation of genetic resources and also to give effect to the 
said Convention. 

BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Biological  Diversity 

Act, 2002. 

(2) It extends to the whole of India. 
(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint: 

Provided that different dates may be appointed for different provisions of this Act and any reference 
in any such provision to the commencement of this Act shall be construed as a reference to the coming 
into force of that provision. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “benefit  claimers”  means  the  conservers  of  biological  resources,  their  by-products,  creators 
and  holders  of  knowledge  and  information  relating  to  the  use  of  such  biological  resources, 
innovations and practices associated with such use and application; 

(b) “biological diversity” means the variability among living organisms from all sources and the 
ecological complexes of which they are part and includes diversity within species or between species 
and of eco-systems; 

(c)  “biological  resources”  means  plants,  animals  and  micro-organisms  or  parts  thereof,  their 
genetic  material  and  by-products  (excluding  value  added  products)  with  actual  or  potential  use  or 
value, but does not include human genetic material; 

1.  1st  October,  2003  (ss.  1,  2,  8,  9, 10,  11, 12,  13,  14, 15,  16, 17,  48, 54,  59, 62,  63, 64,  65),  vide  notification  No.  S.O. 

1146(E), dated 1st October, 2003, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 

1st July, 2004 (ss. 3, 4, 5, 6, 7, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 
42, 43, 44, 45, 46, 47, 49, 50, 51, 52, 53, 55, 56, 57, 58, 60, 61), vide notification No. S.O. 753(E), dated 1st July, 2004, 
see Gazette of India, Extraordinary, Part II, sec. 3(ii). 

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(d)  “bio-survey  and  bio-utilisation”  means  survey  or  collection  of  species,  subspecies,  genes, 
components  and  extracts  of  biological  resource  for  any  purpose  and  includes  characterisation, 
inventorisation and bioassay; 

(e) “Chairperson” means the Chairperson of the National Biodiversity Authority or, as the case 

may be, of the State Biodiversity Board; 

(f)  “commercial  utilisation”  means  end  uses  of  biological  resources  for  commercial  utilisation 
such  as  drugs,  industrial  enzymes,  food  flavours,  fragrance,  cosmetics,  emulsifiers,  oleoresins, 
colours, extracts and genes used for improving crops and livestock through genetic intervention, but 
does not include conventional breeding or traditional practices in use in any agriculture, horticulture, 
poultry, dairy farming, animal husbandry or bee keeping; 

(g) “fair and equitable benefit sharing” means sharing of benefits as determined by the National 

Biodiversity Authority under section 21; 

(h)  “local  bodies”  means  Panchayats  and  Municipalities,  by  what  ever  name  called,  within  the 
meaning of clause (1) of article 243B and clause (1) of article 243Q of the Constitution and in the 
absence  of  any  Panchayats  or  Municipalities,  institutions  of  self-government  constituted  under  any 
other provision of the Constitution or any Central Act or State Act; 

(i)  “member”  means  a  member  of  the  National  Biodiversity  Authority  or  a  State  Biodiversity 

Board and includes the Chairperson; 

(j)  “National  Biodiversity  Authority”  means  the  National  Biodiversity  Authority  established 

under section 8; 

(k) “prescribed” means prescribed by rules made  under this Act; 

(l) “regulations” means regulations made under this Act; 

(m)  “research”  means  study  or  systematic  investigation  of  any  biological  resource  or 
technological  application,  that  uses  biological  systems,  living  organisms  or  derivatives  thereof  to 
make or modify products or processes for any use; 

(n) “State Biodiversity Board” means the State Biodiversity Board established under section 22; 

(o) “sustainable use” means the use of components of biological diversity in such manner and at 
such rate that does not lead to the long-term decline of the biological diversity thereby maintaining its 
potential to meet the needs and aspirations of present and future generations; 

(p) “value added products” means products which may contain portions or extracts of plants and 

animals in unrecognizable and physically inseparable form. 

CHAPTER II 

REGULATION OF ACCESS TO BIOLOGICAL DIVERSITY 

3. Certain persons not to undertake Biodiversity related activities without approval of National 
Biodiversity Authority.—(1) No person referred to in sub-section (2) shall, without previous approval of 
the  National  Biodiversity  Authority,  obtain  any  biological  resource  occurring  in  India  or  knowledge 
associated thereto for research or for commercial utilisation or for bio-survey and bio-utilisation. 

(2)  The  persons  who  shall  be  required  to  take  the  approval  of  the  National  Biodiversity  Authority 

under sub-section (1) are the following, namely:— 

(a) a person who is not a citizen of India; 

(b)  a  citizen  of  India,  who  is  a  non-resident  as  defined  in  clause  (30)  of  section  2  of  the               

Income-tax Act, 1961 (43 of 1961); 

(c) a body corporate, association or organisation— 

(i) not incorporated or registered in India; or 

(ii) incorporated or registered in India under any law for the time being in force which has 

any non-Indian participation in its share capital or management. 

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4.  Results  of  research  not  to  be  transferred  to  certain  persons  without  approval  of  National 
Biodiversity  Authority.—No  person  shall,  without  the  previous  approval  of  the  National  Biodiversity 
Authority,  transfer  the  results  of  any  research  relating  to  any  biological  resources  occurring  in,  or 
obtained from, India for monetary consideration or otherwise to any person who is not a citizen of India 
or citizen of India who is non-resident as defined in clause (30) of section 2 of the Income-tax Act, 1961 
(43 of 1961)  or a body corporate or organisation which is not registered or incorporated in India or which 
has any non-Indian participation in its share capital or management. 

Explanation.—For  the  purposes  of  this  section,  “transfer”  does  not  include  publication  of  research 
papers  or  dissemination  of  knowledge  in  any  seminar  or  workshop,  if  such  publication  is  as  per  the 
guidelines issued by the Central Government. 

5. Sections 3 and 4 not to apply to certain collaborative research projects.—(1) The provisions of 
sections  3  and  4  shall  not  apply  to  collaborative  search  projects  involving  transfer  or  exchange  of 
biological resources or information relating thereto between institutions, including Government sponsored 
institutions of India, and such institutions in other countries, if such collaborative research projects satisfy 
the conditions specified in sub-section (3). 

(2) All collaborative research projects, other than those referred to in sub-section (1) which are based 
on  agreements  concluded  before  the  commencement  of  this  Act  and  in  force  shall,  to  the  extent  the 
provisions of agreement  are  inconsistent  with  the  provisions  of  this  Act  or  any guidelines  issued  under 
clause (a) of sub-section (3), be void. 

(3) For the purposes of sub-section (1), collaborative research projects shall— 

(a) conform to the policy guidelines issued by the Central Government in this behalf; 

(b) be approved by the Central Government. 

6.  Application  for  intellectual  property  rights  not  to  be  made  without  approval  of  National 
Biodiversity Authority.—(1) No person shall apply for any intellectual property right, by whatever name 
called, in or outside India for any invention based on any research or information on a biological resource 
obtained  from  India  without  obtaining  the  previous  approval  of  the  National  Biodiversity  Authority 
before making such application: 

Provided that if a person applies for a patent, permission of the National Biodiversity Authority may 
be obtained after the acceptance of the patent but before the sealing of the patent by the patent authority 
concerned: 

Provided  further  that  the  National  Biodiversity  Authority  shall  dispose  of  the  application  for 

permission made to it within a period of ninety days from the date of receipt thereof. 

(2) The National Biodiversity Authority may, while granting the approval under this section, impose 
benefit  sharing  fee  or  royalty  or  both  or  impose  conditions  including  the  sharing  of  financial  benefits 
arising out of the commercial utilisation of such rights. 

(3) The provisions of this section shall not apply to any person making an application for any right 

under any law relating to protection of plant varieties enacted by Parliament. 

(4)  Where  any  right  is  granted  under  law  referred  to  in  sub-section  (3),  the  concerned  authority 
granting such right shall endorse a copy of such document granting the right to the National Biodiversity 
Authority. 

7.  Prior  intimation  to  State  Biodiversity  Board  for  obtaining  biological  resource  for  certain 
purposes.—No person, who is a citizen of India or a body corporate, association or organisation which is 
registered  in  India,  shall  obtain  any  biological  resource  for  commercial  utilisation,  or  bio-survey  and              
bio-utilisation  for  commercial  utilisation  except  after  giving  prior  intimation  to  the  State  Biodiversity 
Board concerned: 

Provided that the provisions of this section shall not apply to the local people and communities of the 
area, including growers and cultivators of biodiversity, and vaids and hakims, who have been practicing 
indigenous medicine. 

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CHAPTER III 

NATIONAL BIODIVERSITY AUTHORITY 

8.  Establishment  of  National  Biodiversity  Authority.—(1)  With  effect  from  such  date  as  the 
Central Government may, by notification in the Official Gazette, appoint, there shall be established by the 
Central Government for the purposes of this Act, a body to be called the National Biodiversity Authority. 

(2)  The  National  Biodiversity  Authority  shall  be  a  body  corporate  by  the  name  aforesaid,  having 
perpetual  succession  and  a  common  seal,  with  power  to  acquire,  hold  and  dispose  of  property,  both 
movable and immovable, and to contract, and shall by the said name sue and be sued. 

(3)  The  head  office  of  the  National  Biodiversity  Authority  shall  be  at  Chennai  and  the  National 
Biodiversity  Authority  may,  with the  previous  approval  of  the  Central  Government,  establish  offices  at 
other places in India. 

(4) The National Biodiversity Authority shall consist of the following members, namely:— 

(a) a Chairperson, who shall be an eminent person having adequate knowledge and experience in 
the  conservation  and  sustainable  use  of  biological  diversity  and  in  matters  relating  to  equitable 
sharing of benefits, to be appointed by the Central Government; 

(b)  three  ex  officio  members  to  be  appointed  by  the  Central  Government,  one  representing  the 
Ministry dealing with Tribal Affairs and two representing the Ministry dealing with Environment and 
Forests of whom one shall be the Additional Director General of Forests or the Director General of 
Forests; 

(c) seven ex officio members to be appointed by the Central Government to represent respectively 

the Ministries of the Central Government dealing with— 

(i) Agricultural Research and Education; 

(ii) Biotechnology; 

(iii) Ocean Development; 

(iv) Agriculture and Cooperation; 

(v) Indian Systems of Medicine and Homoeopathy; 

(vi) Science and Technology; 

(vii) Scientific and Industrial Research; 

(d)  five  non-official  members  to  be  appointed  from  amongst  specialists  and  scientists  having 
special  knowledge  of,  or  experience  in,  matters  relating  to  conservation  of  biological  diversity, 
sustainable  use  of  biological  resources  and  equitable  sharing  of  benefits  arising  out  of  the  use  of 
biological  resources,  representatives  of  industry,  conservers,  creators  and  knowledge-holders  of 
biological resources. 

9.  Conditions  of  service  of  Chairperson  and  members.—The  term  of  office  and  conditions  of 
service  of  the  Chairperson  and  the  other  members  other  than  ex  officio  members  of  the  National 
Biodiversity Authority shall be such as may be prescribed by the Central Government. 

10.  Chairperson  to  be  Chief  Executive  of  National  Biodiversity  Authority.—The  Chairperson 
shall be the Chief Executive of the National Biodiversity Authority and shall exercise such powers  and 
perform such duties, as may be prescribed. 

11.  Removal  of  members.—The  Central  Government  may  remove  from  the  National  Biodiversity 

Authority any member who, in its opinion, has— 

(a) been adjudged as an insolvent; or 

(b) been convicted of an offence which involves moral turpitude; or 

(c) become physically or mentally incapable of acting as a member; or 

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(d) so abused his position as to render his continuance in office detrimental to the public interest; 

or 

(e) acquired such financial or other interest  as is likely to affect prejudicially his functions as a 

member. 

12.  Meetings  of  National  Biodiversity  Authority.—(1)  The  National  Biodiversity  Authority  shall 
meet  at  such  time  and  place  and  shall  observe  such  rules  of  procedure  in  regard  to  the  transaction  of 
business at its meetings (including the quorum at its meetings) as may be prescribed. 

(2)  The  Chairperson  of  the  National  Biodiversity  Authority  shall  preside  at  the  meetings  of  the 

National Biodiversity Authority. 

(3)  If  for  any  reason  the  Chairperson  is  unable  to  attend  any  meeting  of  the  National  Biodiversity 
Authority,  any  member  of  the  National  Biodiversity  Authority  chosen  by  the  members  present  at  the 
meeting shall preside at the meeting. 

(4)  All  questions  which  come  before  any  meeting  of  the  National  Biodiversity  Authority  shall  be 
decided by a majority of votes of the members present and voting and in the event of equality of votes, 
the Chairperson or, in his absence, the person presiding, shall have and exercise a second or casting vote. 

(5)  Every  member  who  is  in  any  way,  whether  directly,  indirectly  or  personally,  concerned  or 
interested in a matter to be decided at the meeting shall disclose the nature of his concern or interest and 
after such disclosure, the member concerned or interested shall not attend that meeting. 

(6) No act or proceeding of the National Biodiversity Authority shall be invalidated merely by reason 

of— 

(a) any vacancy in, or any defect in the constitution of, the National Biodiversity Authority; or 

(b) any defect in the appointment of a person acting as a member; or 

(c)  any  irregularity  in  the  procedure  of  the  National  Biodiversity  Authority  not  affecting  the 

merits of the case. 

13. Committees of National Biodiversity Authority.—(1) The National Biodiversity Authority may 

constitute a committee to deal with agro-biodiversity. 

Explanation.—For the purposes of this sub-section, “agro-biodiversity” means biological diversity of 

agriculture related species and their wild relatives. 

(2) Without prejudice to the  provisions of sub-section (1), the National Biodiversity Authority may 
constitute  such  number  of  committees  as  it  deems  fit  for  the  efficient  discharge  of  its  duties  and 
performance of its functions under this Act. 

(3) A committee constituted under this section shall co-opt such number of persons, who are not the 
members of the National Biodiversity Authority, as it may think fit and the persons so co-opted shall have 
the right to attend the meetings of the committee and take part in its proceedings but shall not have the 
right to vote. 

(4)  The  persons  appointed  as  members  of  the  committee  under  sub-section  (2)  shall  be  entitled  to 
receive  such  allowances  or  fees  for  attending  the  meetings  of  the  committee  as  may  be  fixed  by  the 
Central Government. 

14.  Officers  and  employees  of  National  Biodiversity  Authority.—(1)  The  National  Biodiversity 
Authority  may  appoint  such  officers  and  other  employees  as  it  considers  necessary  for  the  efficient 
discharge of its functions under this Act. 

(2)  The  terms  and  conditions  of  service  of  such  officers  and  other  employees  of  the  National 

Biodiversity Authority shall be such as may be specified by regulations. 

15. Authentication of orders and decisions of National Biodiversity Authority.—All orders and 
decisions of the National Biodiversity Authority shall be authenticated by the signature of the Chairperson 
or any   other   member authorised by the   National Biodiversity   Authority in this behalf and   all    other  

8 

 
instruments executed by the National Biodiversity Authority shall be authenticated by the signature of an 
officer of the National Biodiversity Authority authorised by it in this behalf. 

16. Delegation of powers.—The National Biodiversity Authority may, by general or special order in 
writing,  delegate  to  any  member,  officer  of  the  National  Biodiversity  Authority  or  any  other  person 
subject  to  such  conditions,  if  any,  as  may  be  specified  in  the  order,  such  of  the  powers  and  functions 
under this Act (except the power to prefer an appeal under section 50 and the power to make regulations 
under section 64) as it may deem necessary. 

17. Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of 
India.—The  salaries  and  allowances  payable  to  the  members  and  the  administrative  expenses  of  the 
National Biodiversity Authority including salaries, allowances and pension payable to, or in respect of, 
the  officers  and  other  employees  of  the  National  Biodiversity  Authority  shall  be  defrayed  out  of  the 
Consolidated Fund of India. 

FUNCTIONS AND POWERS OF THE NATIONAL BIODIVERSITY AUTHORITY 

CHAPTER IV 

18.  Functions  and  powers  of  National  Biodiversity  Authority—(1)  It  shall  be  the  duty  of  the 
National Biodiversity Authority to regulate activities referred to in sections 3, 4 and 6 and by regulations 
issue guidelines for access to biological resources and for fair and equitable benefit sharing. 

(2) The National Biodiversity Authority may grant approval for undertaking any activity referred to in 

sections 3, 4 and 6. 

(3) The National Biodiversity Authority may— 

(a)  advise  the  Central  Government  on  matters  relating  to  the  conservation  of  biodiversity, 
sustainable  use  of  its  components  and  equitable  sharing  of  benefits  arising  out  of  the  utilisation  of 
biological resources; 

(b)  advise  the  State  Governments  in  the  selection  of  areas  of  biodiversity  importance  to  be 
notified  under  sub-section  (1)  of  section  37  as  heritage  sites  and  measures  for  the  management  of 
such heritage sites; 

(c) perform such other functions as may be necessary to carry out the provisions of this Act. 

(4)  The  National  Biodiversity  Authority  may,  on  behalf  of  the  Central  Government,  take  any 
measures necessary to oppose the grant of intellectual property rights in any country outside India on any 
biological resource obtained from India or knowledge associated with such biological resource which is 
derived from India. 

CHAPTER V 

APPROVAL BY THE NATIONAL BIODIVERSITY AUTHORITY 

19.  Approval  by  National  Biodiversity  Authority  for  undertaking  certain  activities.—(1)  Any 
person referred to in sub-section (2) of section 3 who intends to obtain any biological resource occurring 
in India or knowledge associated thereto for research or for commercial utilisation or for bio-survey and 
bio-utilisation  or  transfer  the  results  of  any  research  relating  to  biological  resources  occurring  in,  or 
obtained from, India, shall make application in such form and payment of such fees as may be prescribed, 
to the National Biodiversity Authority. 

(2) Any person who intends to apply for a patent or any other form of intellectual property protection 
whether in India or outside India referred to in sub-section (1) of section 6, may make an application in 
such form and in such manner as may be prescribed to the National Biodiversity Authority. 

(3)  On  receipt  of  an  application  under  sub-section  (1)  or  sub-section  (2),  the  National  Biodiversity 
Authority may, after making such enquiries as it may deem fit and if necessary after consulting an expert 
committee constituted for this purpose, by order, grant approval subject to any regulations made in this 
behalf and subject to such terms and conditions as it may deem fit, including the imposition of charges by 
way of royalty or for reasons to be recorded in writing, reject the application: 

9 

 
Provided that no such order for rejection shall be made without giving an opportunity of being heard 

to the person affected. 

(4) The National Biodiversity Authority shall give public notice of every approval granted by it under 

this section. 

20. Transfer of biological resource or knowledge.—(1) No person who has been granted approval 
under  section  19  shall  transfer  any  biological  resource  or  knowledge  associated  thereto  which  is  the 
subject matter of the said approval except with the permission of the National Biodiversity Authority. 

(2)  Any  person  who  intends  to  transfer  any  biological  resource  or  knowledge  associated  thereto 
referred  to  in  sub-section  (1)  shall  make  an  application  in  such  form  and  in  such  manner  as  may  be 
prescribed to the National Biodiversity Authority. 

(3) On receipt of an application under sub-section (2), the National Biodiversity Authority may, after 
making  such  enquiries  as  it  may  deem  fit  and  if  necessary  after  consulting  an  expert  committee 
constituted for this purpose, by order, grant approval subject to such terms and conditions as it may deem 
fit, including the imposition of charges by way of royalty or for reasons to be recorded in writing, reject 
the application: 

Provided that no such order for rejection shall be made without giving an opportunity of being heard 

to the person affected. 

(4) The National Biodiversity Authority shall give public notice of every approval granted by it under 

this section. 

21.  Determination  of  equitable  benefit  sharing  by  National  Biodiversity  Authority.—(1)  The 
National Biodiversity Authority shall while granting approvals under section 19 or section 20 ensure that 
the terms and conditions subject to which approval is granted secures equitable sharing of benefits arising 
out  of  the  use  of  accessed  biological  resources,  their  by-products,  innovations  and  practices  associated 
with their use and applications and knowledge relating thereto in accordance with mutually agreed terms 
and  conditions  between  the  person  applying  for  such  approval,  local  bodies  concerned  and  the  benefit 
claimers. 

(2)  The  National  Biodiversity  Authority  shall,  subject  to  any  regulations  made  in  this  behalf, 

determine  the  benefit  sharing  which  shall  be  given  effect  in  all  or  any  of  the  following  manner,                
namely:— 

(a) grant of joint ownership of intellectual property rights to the National Biodiversity Authority, 

or where benefit claimers are identified, to such benefit claimers; 

(b) transfer of technology; 

(c)  location  of  production,  research  and  development  units  in  such  areas  which  will  facilitate 

better living standards to the benefit claimers; 

(d)  association  of  Indian  scientists,  benefit  claimers  and  the  local  people  with  research  and 

development in biological resources and bio-survey and bio-utilisation; 

(e) setting up of venture capital fund for aiding the cause of benefit claimers; 

(f) payment of monetary compensation and other non-monetary benefits to the benefit claimers as 

the National Biodiversity Authority may deem fit. 

(3)  Where  any  amount  of  money  is  ordered  by  way  of  benefit  sharing,  the  National  Biodiversity 

Authority may direct the amount to be deposited in the National Biodiversity Fund: 

Provided that where biological resource or knowledge was a result of access from specific individual 
or group of individuals or organisations, the National Biodiversity Authority may direct that the amount 
shall be paid directly to such individual or group of individuals or organisations in accordance with the 
terms of any agreement and in such manner as it deems fit. 

(4) For the purposes of this section, the National Biodiversity Authority shall, in consultation with the 

Central Government, by regulations, frame guidelines. 

10 

 
 
 
CHAPTER VI 

STATE BIODIVERSITY BOARD 

22.  Establishment  of  State  Biodiversity  Board.—(1)  With  effect  from  such  date  as  the  State 
Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established 
by  that  Government  for  the  purposes  of  this  Act,  a  Board  for  the  State  to  be  known  as 
the______________ (name of the State) Biodiversity Board. 

(2)  Notwithstanding  anything  contained  in  this  section,  no  State  Biodiversity  Board  shall  be 
constituted for a Union territory and in relation to a Union territory, the National Biodiversity Authority 
shall exercise the powers and perform the functions of a State Biodiversity Board for that Union territory: 

Provided that in relation to any Union territory, the National Biodiversity Authority may delegate all 
or any of its powers or functions under this sub-section to such person or group of persons as the Central 
Government may specify. 

(3) The  Board  shall  be  a  body  corporate  by  the  name  aforesaid,  having  perpetual  succession  and  a 
common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to 
contract, and shall by the said name sue and be sued. 

(4) The Board shall consist of the following members, namely:— 

(a) a Chairperson who shall be an eminent person having adequate knowledge and experience in 
the  conservation  and  sustainable  use  of  biological  diversity  and  in  matters  relating  to  equitable 
sharing of benefits, to be appointed by the State Government; 

(b) not more than five ex officio members to be appointed by the State Government to represent 

the concerned Departments of the State Government; 

(c)  not  more  than  five  members  to  be  appointed  from  amongst  experts  in  matters  relating  to 
conservation of biological diversity, sustainable use of biological resources and equitable sharing of 
benefits arising out of the use of biological resources. 

(5) The head office of the State Biodiversity Board shall be at such place as the State Government 

may, by notification in the Official Gazette, specify. 

23. Functions of State Biodiversity Board.—The functions of the State Biodiversity Board shall be 

to— 

(a) advise the State Government, subject to any guidelines issued by the Central Government, on 
matters relating to the conservation of biodiversity, sustainable use of its components and equitable 
sharing of the benefits arising out of the utilisation of biological resources; 

(b)  regulate  by  granting  of  approvals  or  otherwise  requests  for  commercial  utilisation  or                     

bio-survey and bio-utilisation of any biological resource by Indians; 

(c) perform such other functions as may be necessary to carry out the provisions of this Act or as 

may be prescribed by the State Government. 

24.  Power  of  State  Biodiversity  Board  to  restrict  certain  activities  violating  the  objectives  of 
conservation, etc.—(1) Any citizen of India or a body corporate, organisation or association registered in 
India intending to undertake any activity referred to in section 7 shall give prior intimation in such form 
as may be prescribed by the State Government to the State Biodiversity Board. 

(2)  On  receipt  of  an  intimation  under  sub-section  (1),  the  State  Biodiversity  Board  may,  in 
consultation with the local bodies concerned and after making such enquires as it conservation, may deem 
fit,  by  order,  prohibit  or  restrict  any  such  activity  if it  is  of  opinion  that  such  activity  is  detrimental  or 
contrary  to  the  objectives  of  conservation  and  sustainable  use  of  biodiversity  or  equitable  sharing  of 
benefits arising out of such activity: 

Provided that no such order shall be made without giving an opportunity of being heard to the person 

affected. 

11 

 
(3) Any information given in the form referred to in sub-section (1) for prior intimation shall be kept 
confidential and shall not be disclosed, either intentionally or unintentionally, to any person not concerned 
thereto. 

25. Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board.—The 
provisions of sections 9 to 17 shall apply to a State Biodiversity Board and shall have effect subject to the 
following modifications, namely:— 

(a)  references  to  the  Central  Government  shall  be  construed  as  references  to  the  State 

Government; 

(b) references to the National Biodiversity Authority shall be construed as references to the State 

Biodiversity Board; 

(c)  reference  to  the  Consolidated  Fund  of  India  shall  be  construed  as  reference  to  the 

Consolidated Fund of the State. 

CHAPER VII 

FINANACE, ACCOUNTS AND AUDIT OF NATIONAL BIODIVERSITY AUTHORITY 

26.  Grants  or  loans  by  the  Central  Government.—The  Central  Government  may,  after  due 
appropriation  made  by  Parliament  by  law  in  this  behalf,  pay  to  the  National  Biodiversity  Authority  by 
way of grants or loans such sums of money as the Central Government may think fit for being utilised for 
the purposes of this Act. 

27. Constitution of National Biodiversity Fund—(1) There shall be constituted a Fund to be called 

the National Biodiversity Fund and there shall be credited thereto— 

(a) any grants and loans made to the National Biodiversity Authority under section 26; 

(b) all charges and royalties received by the National Biodiversity Authority under this Act; and 

(c) all sums received by the National Biodiversity Authority from such other sources as may be 

decided upon by the Central Government. 

(2) The Fund shall be applied for— 

(a) channeling benefits to the benefit claimers; 

(b)  conservation  and  promotion  of  biological  resources  and  development  of  areas  from  where 

such biological resources or knowledge associated thereto has been accessed; 

(c) socio-economic development of areas referred to in clause (b) in consultation with the local 

bodies concerned. 

28. Annual report of National Biodiversity Authority.—The National Biodiversity Authority shall 
prepare, in such form and at such time each financial year as may be prescribed, its annual report, giving a 
full  account  of  its  activities  during  the  previous financial  year  and  furnish,  to  the  Central  Government, 
before such date as may be prescribed, its audited copy of accounts together with auditors report thereon. 

29. Budget, accounts and audit.—(1) The National Biodiversity Authority  shall prepare a budget, 
maintain proper accounts and other relevant records (including the accounts and other relevant records of 
the  National  Biodiversity  Fund)  and  prepare  an  annual  statement  of  account  in  such  form  as  may  be 
prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. 

(2)  The  accounts  of  the  National  Biodiversity  Authority  shall  be  audited  by  the  Comptroller  and 
Auditor-General of India at such intervals as may be specified by him and any  expenditure incurred in 
connection with such audit shall be payable by the National Biodiversity Authority to the Comptroller and 
Auditor-General of India. 

(3)  The  Comptroller  and  Auditor-General  of  India  and  any  other  person  appointed  by  him  in 
connection  with  the  audit  of  the  accounts  of  the  National  Biodiversity  Authority  shall  have  the  same 
rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General 
generally has in connection with the audit of the Government accounts and, in particular, shall have the 

12 

 
right to demand the production of books, accounts, connected vouchers and other documents and papers 
and to inspect any of the offices of the National Biodiversity Authority. 

(4)  The  accounts  of  the  National  Biodiversity  Authority  as  certified  by  the  Comptroller  and                  

Auditor-General  of  India  or  any  other  person  appointed  by  him  in  this  behalf  together  with  the  audit 
report there on shall be forwarded annually to the Central Government. 

30. Annual report to be laid before parliament.—The Central Government shall cause the annual 
report  and  auditor's  report  to  be  laid,  as  soon  as  may  be  after  they  are  received,  before  each  House  of 
Parliament. 

CHAPTER VIII 

FINANCE, ACCOUNTS AND AUDIT OF STATE BIODIVERSITY BOARD 

31. Grants of money by State Government to State Biodiversity Board.—The State Government 
may,  after  due  appropriation  made  by  the  State  Legislature  by  law  in  this  behalf,  pay  to  the  State 
Biodiversity Board by way of grants or loans such sums of money as the State Government may think fit 
for being utilised for the purposes of this Act. 

32. Constitution of State Biodiversity Fund.—(1) There shall be constituted a Fund to be called the 

State Biodiversity Fund and there shall be credited thereto— 

(a) any grants and loans made to the State Biodiversity Board under section 31; 

(b) any grants or loans made by the National Biodiversity Authority; 

(c) all sums received by the State Biodiversity Board from such other sources as may be decided 

upon by the State Government. 

(2) The State Biodiversity Fund shall be applied for— 

(a) the management and conservation of heritage sites; 

(b) compensating or rehabilitating any section of the people economically affected by notification 

under sub-section (1) of section 37; 

(c) conservation and promotion of biological resources; 

(d)  socio-economic  development  of  areas  from  where  such  biological  resources  or  knowledge 
associated thereto has been accessed subject to any order made under section 24, in consultation with 
the local bodies concerned; 

(e) meeting the expenses incurred for the purposes authorised by this Act. 

33.  Annual  report  of  State  Biodiversity  Board.—The  State  Biodiversity  Board  shall  prepare,  in 
such form and at such time in each financial year as may  be prescribed, its annual report, giving a full 
account  of  its  activities  during  the  previous  financial  year,  and  submit  a  copy  thereof  to  the  State 
Government. 

34. Audit of accounts of State Biodiversity Board.—The accounts of the State Biodiversity Board 
shall be maintained and audited in such manner as may, in consultation with the Accountant-General of 
the State, be prescribed and the State Biodiversity Board shall furnish, to the State Government, before 
such date as may be prescribed, its audited copy of accounts together with auditor’s report thereon. 

35.  Annual  report  of  State  Biodiversity  Board  to  be  laid  before  State  Legislature.—The  State 
Government shall cause the annual report and auditor's report to be laid, as soon as may be after they are 
received, before the House of State Legislature. 

CHAPTER IX 

DUTIES OF THE CENTRAL AND THE STATE GOVERNMENTS 

36.  Central  Government  to  develop  National  strategies  plans,  etc.,  for  conservation,  etc.,  of 
biological diversity.—(1) The Central Government shall develop national strategies, plans, programmes 
for  the  conservation  and  promotion  and  sustainable  use  of  biological  diversity  including  measures  for 
identification  and  monitoring  of  areas  rich  in  biological  resources,  promotion  of  in  situ,  and  ex  situ, 

13 

 
conservation  of  biological  resources,  incentives  for  research,  training  and  public  education  to  increase 
awareness with respect to biodiversity. 

(2)  Where  the  Central  Government  has  reason  to  believe  that  any  area  rich  in  biological  diversity, 
biological  resources  and  their  habitats  is  being  threatened  by  overuse,  abuse  or  neglect,  it  shall  issue 
directives  to  the  concerned  State  Government  to  take  immediate  ameliorative  measures,  offering  such 
State Government any technical and other assistance that is possible to be provided or needed. 

(3) The Central Government shall, as far as practicable wherever it deems appropriate, integrate the 
conservation, promotion and sustainable use of biological diversity into relevant sectoral or cross-sectoral 
plans, programmes and policies. 

(4) The Central Government shall undertake measures,— 

(i) wherever necessary, for assessment of environmental impact of that project which is likely to 
have adverse effect on biological diversity, with a view to avoid or minimise such effects and where 
appropriate provide for public participation in such assessment; 

(ii) to regulate, manage or control the risks associated with the use and release of living modified 
organisms  resulting  from  biotechnology  likely  to  have  adverse  impact  on  the  conservation  and 
sustainable use of biological diversity and human health. 

(5)  The  Central  Government  shall  endeavour  to  respect  and  protect  the  knowledge  of  local  people 
relating  to  biological  diversity,  as  recommended  by  the  National  Biodiversity  Authority  through  such 
measures,  which  may  include  registration  of  such  knowledge  at  the  local,  State  or  national  levels,  and 
other measures for protection, including sui generis system. 

Explanation.—For the purposes of this section,— 

(a) “ex situ conservation” means the conservation of components of biological diversity outside 

their natural habitats; 

(b)  “in  situ  conservation”  means  the  conservation  of  ecosystems  and  natural  habitats  and  the 
maintenance and recovery of viable populations of species in their natural surroundings and, in the 
case  of  domesticated  or  cultivated  species,  in  the  surroundings  where  they  have  developed  their 
distinctive properties. 

37. Biodiversity heritage sites.—(1) Without prejudice to any other law for the time being in force, 
the State Government may, from time to time in consultation with the local bodies, notify in the Official 
Gazette, areas of biodiversity importance as biodiversity heritage sites under this Act. 

(2)  The  State  Government,  in  consultation  with  the  Central  Government,  may  frame  rules  for  the 

management and conservation of all the heritage sites. 

(3)  The  State  Government  shall  frame  schemes  for  compensating  or  rehabilitating  any  person  or 

section of people economically affected by such notification. 

38.  Power  of  Central  Government  to  notify  threatened  species.—Without  prejudice  to  the 
provisions of any other law for the time being in force, the Central Government, in consultation with the 
concerned  State  Government,  may  from  time  to  time  notify  any  species  which  is  on  the  verge  of 
extinction or likely to become extinct in the near future as a threatened species and prohibit or regulate 
collection thereof for any purpose and take appropriate steps to rehabilitate and preserve those species. 

39. Power of Central Government to designate repositories.—(1) The Central Government may, 
in consultation with the National Biodiversity Authority, designate institutions as repositories under this 
Act for different categories of biological resources. 

(2) The repositories shall keep in safe custody the biological material including voucher specimens 

deposited with them. 

(3) Any new tax on discovered by any person shall be notified to the repositories or any institution 
designated for this purpose and he shall deposit the voucher specimens with such repository or institution. 

40.  Power  of  Central  Government  to  exempt  certain  biological  resources.—Notwithstanding 
anything  contained  in  this  Act,  the  Central  Government  may,  in  consultation  with  the  National 

14 

 
Biodiversity Authority, by notification in the Official Gazette, declare that the provisions of this Act shall 
not apply to any items, including biological resources normally traded as commodities. 

CHAPTER X 

BIODIVERSITY MANAGEMENT COMMITTEES 

41. Constitution of Biodiversity Management Committee.—(1) Every local body shall constitute a 
Biodiversity  Management  Committee  within  its  area  for  the  purpose  of  promoting  conservation, 
sustainable use and documentation of biological diversity including preservation of habitats, conservation 
of land races, folk varieties and cultivars, domesticated stocks and breeds of animals and microorganisms 
and chronicling of knowledge relating to biological diversity. 

Explanation.—For the purposes of this sub-section,— 

(a) “cultivar” means a variety of plant that has originated and persisted under cultivation or was 

specifically bred for the purpose of cultivation; 

(b) “folk variety” means a cultivated variety of plant that was developed, grown and exchanged 

informally among farmers; 

(c) “landrace” means primitive cultivar that was grown by ancient farmers and their successors. 

(2)  The  National  Biodiversity  Authority  and  the  State  Biodiversity  Boards  shall  consult  the 
Biodiversity  Management  Committees  while  taking  any  decision  relating  to  the  use  of  biological 
resources and knowledge associated with such resources occurring within the territorial jurisdiction of the 
Biodiversity Management Committee. 

(3) The Biodiversity Management Committees may levy charges by way of collection fees from any 
person  for  accessing  or  collecting  any  biological  resource  for  commercial  purposes  from  areas  falling 
within its territorial jurisdiction. 

CHAPTER XI 

LOCAL BIODIVERSITY FUND 

42. Grants to Local Biodiversity Fund.—The State Government may, after due appropriation made 
by State Legislature by law in this behalf, pay to the Local Biodiversity Funds by way of grants or loans 
such sums of money as the State Government may think fit for being utilised for the purposes of this Act. 

43. Constitution of Local Biodiversity Fund.—(1) There shall be constituted a Fund to be called the 

Local  Biodiversity  Fund  at  every  area  notified  by  the  State  Government  where  any  institution  of                     
self-government is functioning and there shall be credited thereto— 

(a) any grants and loans made under section 42; 

(b) any grants or loans made by the National Biodiversity Authority; 

(c) any grants or loans made by the State Biodiversity Boards; 

(d)  fees  referred  to  in  sub-section  (3)  of  section  41  received  by  the  Biodiversity  Management 

Committees; 

(e) all sums received by the Local Biodiversity Fund from such other sources as may be decided 

upon by the State Government. 

44. Application of Local Biodiversity Fund.—(1) Subject to the provisions of sub-section (2), the 
management and the custody of the Local Biodiversity Fund and the purposes for which such Fund shall 
be applied, be in the manner as may be prescribed by the State Government. 

(2) The Fund shall be used for conservation and promotion of biodiversity in the areas falling within 
the jurisdiction of the  concerned local  body  and  for  the  benefit  of  the  community  in  so  far such  use is 
consistent with conservation of biodiversity. 

45. Annual report of Biodiversity Management Committees.—The person holding the custody of 
the  Local  Biodiversity  Fund  shall prepare,  in  such  form  and  during  each financial  year  at  such time  as 

15 

 
may be prescribed, its annual report, giving a full account of its activities during the previous financial 
year, and submit a copy thereof to the concerned local body. 

46.  Audit  of  accounts  of  Biodiversity  Management  Committees.—The  accounts  of  the  Local 
Biodiversity  Fund  shall  be  maintained  and  audited  in  such  manner  as  may,  in  consultation  with  the 
Accountant-General  of  the  State,  be  prescribed  and  the  person  holding  the  custody  of  the  Local 
Biodiversity Fund shall furnish, to the concerned local body, before such date as may be prescribed, its 
audited copy of accounts together with auditor's report thereon. 

47. Annual report, etc., of the Biodiversity Management Committee to be submitted to District 
Magistrate.—Every local body constituting a Biodiversity Management Committee under sub-section (1) 
of section 41, shall cause, the annual report and audited copy of accounts together with  auditor's report 
thereon referred to in sections 45 and 46, respectively and relating to such Committee to be submitted to 
the District Magistrate having jurisdiction over the area of the local body. 

CHAPTER XII 

MISCELLANEOUS 

48.  National  Biodiversity  Authority  to  be  bound  by  the  directions  given  by  Central 
Government.—(1) Without prejudice to the foregoing provisions of this Act, the National Biodiversity 
Authority shall, in the discharge of its functions and duties under this Act, be bound by such directions on 
questions of policy as the Central Government may give in writing to it from time to time: 

Provided that the National Biodiversity Authority shall, as far as practicable, be given opportunity to 

express its views before any direction is given under this sub-section. 

(2) The decision of the Central Government whether a question is one of policy or not shall be final. 

49.  Power  of  State  Government  to  give  directions.—(1)  Without  prejudice  to  the  foregoing 
provisions  of  this  Act,  the  State  Biodiversity  Board  shall,  in  the  discharge  of  its  functions  and  duties 
under this Act, be bound by such directions on questions of policy as the State Government may give in 
writing to it from time to time: 

Provided  that  the  State  Biodiversity  Board  shall,  as  far  as  practicable,  be  given  an  opportunity  to 

express its views before any direction is given under this sub-section. 

(2) The decision of the State Government whether a question is one of policy or not shall be final. 

50. Settlement of disputes between State Biodiversity Boards.—(1) If a dispute arises between the 
National Biodiversity Authority and a State Biodiversity Board, the said Authority or the Board, as the 
case may be, may prefer an appeal to the Central Government within such time as may be prescribed. 

(2)  Every  appeal  made  under  sub-section  (1)  shall  be  in  such  form  as  may  be  prescribed  by  the 

Central Government. 

(3)  The  procedure  for  disposing  of  an  appeal  shall  be  such  as  may  be  prescribed  by  the  Central 

Government: 

Provided  that  before  disposing  of  an  appeal,  the  parties  shall  be  given  a  reasonable  opportunity  of 

being heard. 

(4) If a dispute arises between the State Biodiversity Boards, the Central Government shall refer the 

same to the National Biodiversity Authority. 

(5) While adjudicating any dispute under sub-section (4), the National Biodiversity Authority shall be 
guided by the principles of natural justice and shall follow such procedure as may be prescribed by the 
Central Government. 

(6) The National Biodiversity Authority shall have, for the purposes of discharging its functions under 

this  section,  the  same  powers  as  are  vested  in  a  civil  court  under  the  Code  of  Civil  Procedure,  1908                   
(5 of 1908)  in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents; 

16 

 
(c) receiving evidence on affidavits; 
(d) issuing commissions for the examination of witnesses or documents; 
(e) reviewing its decisions;  
(f) dismissing an application for default or deciding it ex parte; 
(g) setting aside any order of dismissal of any application for default or any order passed by it ex 

parte; 

(h) any other matter which may be prescribed. 

(7)  Every  proceeding  before  the  National  Biodiversity  Authority  shall  be  deemed  to  be  a  judicial 
proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian 
Penal Code (45 of 1860) and the National Biodiversity Authority shall be deemed to be a civil court for 
all the purposes of section 195 and Chapter XXV1 of the Code of Criminal Procedure, 1973 (2 of 1974). 

51.  Members,  officers,  etc.,  of  National  Biodiversity  Authority  and  State  Biodiversity  Board 
deemed to be public servants.—All members, officers and other employees of the National Biodiversity 
Authority or the State Biodiversity Board shall be deemed, when acting or purporting to act in pursuance 
of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian 
Penal Code (45 of 1860). 

52.  Appeal.—Any person, aggrieved by any determination of benefit sharing or order of the National 
Biodiversity Authority or a State Biodiversity Board under this Act, may file an appeal to the High Court 
within thirty days from the date of communication to him, of the determination or order of the National 
Biodiversity Authority or the State Biodiversity Board, as the case may be: 

Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause 
from  filing  the appeal  within  the  said  period,  allow  it  to  be filed  within  a further  period  not exceeding 
sixty days. 

1[Provided further that nothing contained in this section shall apply on and from the commencement 

of the National Green Tribunal Act, 2010 (19 of 2010): 

Provided  also  that  any  appeal  pending  before  the  High  Court,  before  the  commencement  of  the 
National Green Tribunal Act, 2010 (19 of 2010), shall continue to be heard and disposed of by the High 
Court as if the National Green Tribunal had not been established under section 3 of the National Green 
Tribunal Act, 2010.] 

1[  52A.  Appeal  to  National  Green  Tribunal.—Any  person  aggrieved  by  any  determination  of 
benefit sharing or order of the National Biodiversity Authority or a State Biodiversity Board under this 
Act, on or after the commencement of the National Green Tribunal Act, 2010 (19 of 2010), may file an 
appeal to the National Green Tribunal establishment under section 3 of the National Green Tribunal Act, 
2010, in accordance with the provisions of that Act.] 

53. Execution of determination or order.—Every determination of benefit sharing or order made by 
the National Biodiversity Authority or a State Biodiversity Board under this Act or the order made by the 
High Court in any appeal against any determination or order of the National Biodiversity Authority or a 
State  Biodiversity  Board  shall,  on  a  certificate  issued  by  any  officer  of  the  National  Biodiversity 
Authority or a State Biodiversity Board or the Registrar of the High Court, as the case may be, be deemed 
to be decree of the civil court and shall be executable in the same manner as a decree of that court. 

Explanation.—For  the  purposes  of  this  section  and  section  52,  the  expression  “State  Biodiversity 
Board” includes the person or group of persons to whom the powers or functions under sub-section (2) of 
section 22 have been delegated under the proviso to that sub-section and the certificate relating to such 
person or group of persons under this section shall be issued by such person or group of persons, as the 
case may be. 

54. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall 
lie against the Central Government or the State Government or any officer of the Central Government or 
State  Government  or  any  member,  officer  or  employee  of  the  National  Biodiversity  Authority  or  the  

1. Ins. by Act of 19 of 2010, s. 36 and Schedule III (w. e. f. 18-10-2010). 

17 

 
                                                           
 
State Biodiversity Board for anything which is in good faith done or intended to be done under this Act or 
the rules or regulations made thereunder. 

55.  Penalties.—(1) Whoever contravenes or attempts to contravene or abets the contravention of the 
provisions of section 3 or section 4 or section 6 shall be punishable with imprisonment for a term which 
may extend to five years, or with fine which may extend to ten lakh rupees and where the damage caused 
exceeds ten lakh rupees such fine may commensurate with the damage caused, or with both. 

(2)  Whoever  contravenes  or  attempts  to  contravene  or  abets  the  contravention  of  the  provisions  of 
section 7 or any order made under sub-section (2) of section 24 shall be punishable with imprisonment for 
a term which may extend to three years, or with fine which may extend to five lakh rupees, or with both. 

56.  Penalty  for  contravention  of  directions  or  orders  of  Central  Government,  State 
Government,  National  Biodiversity  Authority  and  State  Biodiversity  Boards.—If  any  person 
contravenes  any  direction  given  or  order  made  by  the  Central  Government,  the  State  Government,  the 
National  Biodiversity  Authority  or  the  State  Biodiversity  Board  for  which  no  punishment  has  been 
separately provided under this Act, he shall be punished with a fine which may extend to one lakh rupees 
and in case of a second or subsequent offence, with fine which may extend to two lakh rupees and in the 
case  of  continuous  contravention  with  additional  fine  which  may  extend  to  two  lakh  rupees  every  day 
during which the default continues. 

57.  Offences  by  companies—(1)  Where  an  offence  or  contravention  under  this  Act  has  been 
committed by a company, every person who at the time the offence or contravention was committed was 
in charge of, and was responsible to, the company for the conduct of the business of the company, as well 
as  the  company,  shall  be  deemed  to  be  guilty  of  the  offence  or  contravention  and  shall  be  liable  to  be 
proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment provided in this Act, if he proves that the offence or contravention was committed without his 
knowledge  or  that  he  had  exercised  all  due  diligence  to  prevent  the  commission  of  such  offence  or 
contravention. 

(2) Notwithstanding anything contained in sub-section (1), where an offence or contravention under 
this Act has been committed by a company and it is proved that the offence or contravention has been 
committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, 
manager, secretary or other officer of the company, such director, manager, secretary or other officer shall 
also be deemed to be guilty of the offence or contravention and shall be liable to be proceeded against and 
punished accordingly. 

Explanation.—For the purposes of this section,— 

(a) “company” means any body corporate and includes a firm or other association of individuals; 

and 

(b) “director”, in relation to a firm, means a partner in the firm. 

58. Offences to be cognizable and non-bailable.—The offences under this Act shall be cognizable 

and non-bailable. 

59. Act to have effect in addition to other Acts.—The provisions of this Act shall be in addition to, 
and not in derogation of, the provisions in any other law, for the time being in force, relating to forests or 
wildlife. 

60.  Power  of  Central  Government  to  give  directions  to  State  Government.—The  Central 
Government may give directions to any State Government as to the carrying into execution in the State of 
any of the provisions of this Act or of any rule or regulation or order made thereunder. 

61. Cognizance of offences.—No Court shall take cognizance of any offence under this Act except 

on a complaint made by— 

(a)  the  Central  Government  or  any  authority  or  officer  authorised  in  this  behalf  by  that 

Government; or 

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(b) any benefit claimer who has given notice of not less than thirty days in the prescribed manner, 
of such offence and of his intention to make a complaint, to the Central Government or the authority 
or officer authorised as aforesaid. 

62.  Power  of  Central  Government  to  make  rules.—(1)  The  Central  Government  may,  by 

notification in the Official Gazette, make rules for carrying out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) terms and conditions of service of the Chairperson and members under section 9; 

(b) powers and duties of the Chairperson under section 10; 

(c) procedure under sub-section (1) of section 12 in regard to transaction of business at meetings; 

(d)  form  of  application  and  payment  of  fees  for  undertaking  certain  activities  under                         

sub-section (1) of section 19; 

(e) the form and manner of making an application under sub-section (2) of section 19; 

(f)  form  of  application  and  the  manner  for  transfer  of  biological  resource  or  knowledge  under            

sub-section (2) of section 20; 

(g) form in which, and the time of each financial year at which, the annual report of the National 
Biodiversity  Authority  shall  be  prepared  and  the  date  before  which  its  audited  copy  of  accounts 
together with auditor's report thereon shall be furnished under section 28; 

(h)  form  in  which  the  annual  statement  of  account  shall  be  prepared  under  sub-section  (1)  of 

section 29; 

(i) the time within which and the form in which, an appeal may be preferred, the procedure for 

disposing of an appeal and the procedure for adjudication, under section 50; 

(j) the additional matter in which the National Biodiversity Authority may exercise powers of the 

civil court under clause (h) of sub-section (6) of section 50; 

(k) the manner of giving notice under clause (b) of section 61; 

(1) any other matter which is to be, or may be, prescribed, or in respect of which provision is to 

be made, by rules. 

(3) Every rule made under this section and every regulation made under this Act shall be laid, as soon 
as may be after it is made, before each House of Parliament, while it is in session or a total period of thirty 
days  which  may  be  comprised in  one session or  in  two  or  more  successive  sessions,  and if,  before  the 
expiry of the session immediately following the session or the successive sessions aforesaid, both Houses 
agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation 
should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of 
no  effect,  as  the  case  may  be;  so,  however,  that  any  such  modification  or  annulment  shall  be  without 
prejudice to the validity of anything previously done under that rule or regulation. 

63. Power of State Government to make rules.—(1) The State Government may, by notification in 

the Official Gazette, make rules for carrying out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the other functions to be performed by the State Biodiversity Board under clause (c) of section 

23; 

(b) the form in which the prior intimation shall be given under sub-section (1) of section 24; 

(c)  the  form  in  which,  and  the  time  of  each  financial  year  at  which,  the  annual  report  shall  be 

prepared under section 33; 

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(d) the manner of maintaining and auditing the accounts of the State Biodiversity Board and the 
date  before  which  its  audited  copy  of  the  accounts  together  with  auditor's  report  thereon  shall  be 
furnished under section 34; 

(e) management and conservation of national heritage sites under section 37; 

(f) the manner of management and custody of the Local Biodiversity Fund and the purposes for 

which such Fund shall be applied under sub-section (1) of section 44; 

(g)  the  form  of  annual  report  and  the  time  at  which  such  report  shall  be  prepared  during  each 

financial year under section 45; 

(h) the manner of maintaining and auditing the accounts of the Local Biodiversity Fund and the 
date  before  which  its  audited  copy  of  the  accounts  together  with  auditor's  report  thereon  shall  be 
furnished under section 46; 

(i) any other matter which is to be, or may be, specified. 

(3) Every rule made by the State Government under this section shall be laid, as soon as may be after 
it  is  made,  before  each  House  of  the  State  Legislature  where  it  consists  of  two  Houses,  or  where  such 
Legislature consists of one House, before that House. 

64.  Power  to  make  regulations.—The  National  Biodiversity  Authority  shall,  with  the  previous 
approval of the Central Government, by notification in the Official Gazette, make regulations for carrying 
out the purposes of this Act. 

65. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove 
the difficulty: 

Provided  that  no  such  order  shall  be  made  after  the  expiry  of  a  period  of  two  years  from  the 

commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be, after it is made, before each 

House of Parliament. 

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